Continuing the 5th session agenda, on the morning of May 23, the National Assembly discussed in the hall the proposed Law and Ordinance Building Program for 2024 and adjustments to the Law and Ordinance Building Program for 2023.
Delegate Le Xuan Than (Khanh Hoa Delegation) agreed with the content of the Report on the Law and Ordinance Development Program for 2024, and the adjustment of the Law and Ordinance Development Program for 2023. However, the delegate reflected on the situation of many years of delay in sending documents and records, and suggested that measures should be taken to resolve this issue, ensuring time for thorough research so that draft laws and Resolutions are of high quality.
In addition, delegates agreed to separate the entire content of the Law on Road Traffic Safety and Order from the Road Law to consider the two laws at the same time, ensuring the quality of legislative work.
National Assembly Delegate Le Xuan Than speaks at the hall.
In the document sent to the National Assembly deputies, there is a content in 2024 that is included in the program of amending and supplementing the 2010 Law on Commercial Arbitration chaired by the Vietnam Lawyers Association. However, in the program of law and ordinance development and the draft submitted to the National Assembly deputy Le Xuan Than said, "the phrase "amendment and supplement to the 2010 Law on Commercial Arbitration" does not appear."
Therefore, the Khanh Hoa delegation proposed the drafting committee and agencies to consider. Because, the current criteria of countries around the world as well as in Vietnam have begun to attach importance to resolving disputes outside of court, including resolving commercial disputes and commercial arbitration is one of the very effective resolution mechanisms.
Concerning the 2005 Commercial Law, the delegate said that the e-commerce sector is currently regulated by 3 Decrees. The Commercial Law was established nearly 20 years ago, and now has many contradictions and is outdated compared to the 2015 Civil Code, unable to keep up with the development of e-commerce.
Delegates proposed to consider amending the Law on Commerce and the Law on Commercial Arbitration to synchronize with the 2015 Civil Code and the Law on Commerce as well as resolving disputes in court or out of court with Commercial Arbitration.
Regarding the Law on Commercial Arbitration, National Assembly Deputy Vu Tien Loc (Hanoi delegation) agreed with delegate Le Xuan Than that strengthening the Law on Commercial Arbitration in the coming time is a very important requirement. Especially when cross-border transactions between countries account for over 90% and disputes are handled through arbitration.
"I propose to continue amending the Law on Commercial Arbitration this time. However, I also know that the Vietnam Lawyers Association has not yet made an official proposal to the National Assembly. Therefore, the National Assembly and the National Assembly Standing Committee have not yet included it in the official program. We are working closely with the Vietnam Lawyers Association to be able to present it soon. I hope that the National Assembly will support including this amended law in the law-making program in the coming time," said delegate Vu Tien Loc.
Discussing at the conference hall, based on the Orientation Project and Article 52 of the 2013 Constitution, delegate Truong Trong Nghia (Ho Chi Minh City delegation) expressed his agreement with delegate Le Xuan Than's opinion on the urgency of amending and supplementing the Commercial Law.
Since 2005, Vietnam has participated in many international agreements and conventions, digital technology and digital trade have developed strongly in the context of the constantly developing world economy.
Delegate Truong Trong Nghia proposed adding the Law on Commerce to the Law and Ordinance Development Program.
Therefore, the 2005 Commercial Law is outdated. Delegate Truong Trong Nghia proposed adding the Commercial Law to the Law and Ordinance Building Program of the 15th National Assembly.
In addition, delegate Truong Trong Nghia proposed adding the Special Urban Law to the Law and Ordinance Building Program and the Orientation Project for the XV term.
The delegate said that it is time for us to develop a Special Urban Law to govern and manage special urban areas with effective legal documents, while up to now, we have only made separate resolutions, of a pilot nature with different forms of piloting. Therefore, the development of a Special Urban Law is necessary, and needs to have medium-term and long-term orientation.
The Law on Special Urban Areas is the orientation for the development of other cities in our country such as Hai Phong, Da Nang, Nha Trang, Can Tho, so the delegation of Ho Chi Minh City also proposed to add the Law on Regional Economic Linkage to the Law and Ordinance Development Program .
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